[dan261000]

Check out the new laws they are passing concerning Motorcycles in FL.!!!!!

ADVISORY BULLETIN
Florida Association of Court Clerks/Comptrollers

REF: HB 137 (ch. 2008-117, Laws of Florida) DATE: August 20, 2008 NO: 08-058

FILE NO. F02-008-080820-01 TELEPHONE: (850) 921-0808 CONTACT: B. Allman PAGE 1 OF 1


Effective October 1, 2008, HB 137 revises the traffic laws to create a few more penalties. This short bill was particularly focused on unsafe motorcycle activities, but it does include a provision for excessive speed. The new law also provides penalties for the first, second, third or subsequent violations. The Distribution Chart found on the FACC website will be updated to reflect the amounts for the first and second offenses in the Traffic section. The third and subsequent offense is classified as a third degree felony with a $5,000 fine and will appear in the Criminal Traffic section of the chart.

New Violations:
316.2085(2) Motorcycle or moped, wheels losing contact with ground
This is classified as a moving violation.
First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
(new entries for Distribution Chart—see below)

316.2085(3) Motorcycle or moped license tag improperly affixed
This is classified as a moving violation.
First Offense: the violator must pay $1,000 plus any other costs assessed for a moving violation. Second Offense: the violator must pay a fine of $2,500, plus any other applicable costs assessed for a moving violation. The person’s driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
(new entries for Distribution Chart—see below)

316.1926 (2) A person who exceeds the speed limit in excess of 50 mph or more in violation of ss.
316.183(2) (posted speeds), 316.187(state speed zones), or 316.189 (municipal and county speeds)
This is classified as a moving violation.
First Offense: the violator must pay a fine of $1,000 plus court costs.
Second Offense: the violator must pay a fine of $2,500 plus court costs and the driver license must be revoked for a period of one year.
Third Offense: the violator will be charged with a third degree felony, punishable as provided in ss. 775.082, 775.083, and 775.084, a mandatory fine of $5,000, and the driver license must be revoked for a period of ten years.
(new entries for Distribution Chart—see below).



ADVISORY BULLETIN 08-058 PAGE 2

New entries for the Distribution Chart are as follows:

Civil Traffic
First Violation:
Motorcycle/Moped –Wheels Off Ground or Tag --First Offense 316.2085(2) or (3)
4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a)
4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $ 2.00 C/M 938.15/318.18(11)(d)
3 LIABILITY ADDITIONAL COURT COST CLEAR $ 3.00 C/M 318.18(11)(d)
2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $ 2.50 CM 318.18(11)(d)
2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a)
1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $ 5.00 C/M 318.18(11)(a)
1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $ 12.50 S/M 318.18(18)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $ 3.00 S/M 318.18(7)
BASE FINE $ 60.00 P/M 318.18(3)(a)
ADDITIONAL FINE $1,000 P/M 318.14(13)(a)
$1,133
The break out, or distribution, of the $1,000 is the same as the $60.

Excessive Speed—Over 50 mph --First Offense 316.1926
4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a)
4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d)
3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d)
2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d)
2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a)
1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a)
1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7)
BASE FINE $1,000 P/M 318.18(3)(a)
$1,073
The break out, or distribution, of the $1,000 is the same as the $60.

Second Violation:

Motorcycle/Moped –Wheels Off Ground or Tag –Second Offense 316.2085(2) or (3)
4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a)
4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d)
3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d)
2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d)
2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a)
1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a)
1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7)
BASE FINE $60.00 P/M 318.18(3)(a)
ADDITIONAL FINE $2,500 P/M 318.14(13)(a)
$2,633
The break out, or distribution, of the $2,500 is the same as the $60.

Excessive Speed—Over 50 mph --Second Offense 316.1926
4 LIABILITY COURT FACILITIES FUND (BOCC) optional with county ordinance $15.00 C/M 318.18(13)(a)
4 LIABILITY LAW ENFORCEMENT EDU (BOCC) Optional with ordinance $2.00 C/M 938.15/318.18(11)(d)
3 LIABILITY ADDITIONAL COURT COST CLEAR $3.00 C/M 318.18(11)(d)



ADVISORY BULLETIN 08-058 PAGE 3


2 or 4 348-530 LIABILITY ADDIT’L COURT COST-CLERK or Co. if directed $2.50 CM 318.18(11)(d)
2 348-530 COURT COSTS $30.00 C/M 318.18(11)(a)
1 LIABILITY CLERK OF COURT T.F./DOR/GEN FUND $5.00 C/M 318.18(11)(a)
1 LIABILITY ADMIN FEE/CLERK OF COURT T.F./DOR./GEN FUND $12.50 S/M 318.18(18)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(7)
BASE FINE $2,500 P/M 318.18(3)(a)
$ 2,573
The break out, or distribution, of the $2,500 is the same as the $60.


Criminal Traffic

Motorcycle/Moped/Excessive Speed Over 50 mph 316.1926
2 351-500 FINE $5,000.00 P/M 318.14(13)(c)
3 LIABILITY FCCA 5% surcharge (only if fine assessed) $250.00 C/M if fine 938.04
3 LIABILITY CRIME STOPPER TRUST FUND (only if fine assessed) $17.00 C/M if fine 938.06
2 348-520 CRIME STOPPER TRUST FEE $3.00 S/M if fine 938.06
2 348-530 ADDIT’L COURT COSTS $200.00 C/M 938.05(1)(a)
1 LIABILITY ADDIT’L COURT COSTS $25.00 C/M 938.05(1)(a)
2 348-520 CRIMES COMP FEE $1.00 S/M 938.03
3 LIABILITY CRIMES COMP T.F. $49.00 C/M 938.03
3 LIABILITY ADDIT’L COURT COST CLEARING $3.00 C/M 938.01
4 LIABILITY LOCAL LAW ENF ED $2.00 C/M 938.15
4 LIABILITY CRIMES PEVENTION FUND (only if fine assessed) $50.00 C/M 775.083(2)
3 LIABILITY STATE RADIO SYSTEM SURCHARGE $3.00 S/M 318.18(17)
4 LIABILITY COURT FACILITIES FUND (optional with ordinance) $15.00 C/M 318.18(13)(a)
4 LIABILITY ADDIT’L COSTS (BOCC) - PROGRAMS (optional with ordinance) $65.00 C/M 939.185(1)(a)
$5,733

 

[RaddHazzard]

One Thousand Dollars For An Improperly Affixed Tag???!!!!!!

 

[Yes Officer]

Wow a G note for an improperly affixed tag.....jeeeeeeeeeezus. Thats a little out of control. What is proper way to affix it in FL? In CT it has to be parallell with the ground (no side mounting)

 

[190mph]

This is what is happening in North America folks!

Law Makers passing all sorts of silly laws and look to traffic violations as the "look at what we are doing" to make our community safe and income stream.

While the people doing violent and seriously troublesome crimes do not have tough laws against what they are doing. Police and law makers are really mostly a joke and go after the easy pickings. I am sorry to offend some people but that is the truth.

When someone is caught on the street with a gun or doing a crime, hit them over the head with the pistol and throw them in jail for 10 years. There should be a lot of automatic situations with the crimes that are committed such as murder, robbery, fraud, you name it. No they get 10 to 20% of what they deserve if anything. It takes forever to get to trial and then Judges and lawyers screw it up.

Pulling a wheelie or a little speeding is not a guarantee to hurt someone like a dedicated attempt to do armed robbery or anything like that. The list can go on and on.

 

[d207gp]

Looks like Florida sucks. :biggrin:

 

[gsxr1216]

there's no corners or hills anyway

 

[dred]

I can see how some states would want to crack down on idiots doing stand ups and ripping WO on the freeways, yeah those laws make a lot of since... but $1k for an improperly mounted license plate?

WTFBBQ?

 

[SPL170db]

Don't speed, don't wheelie, and put your license plate in the proper place.


That's alot to ask indeed.

 

[Hong3103]

Don't speed, don't wheelie, and put your license plate in the proper place.


That's alot to ask indeed.

Yep... a lot to ask. Of course if they took it to the track they wouldn't have to worry about being bugged by The Man about speeding, power wheelieing, and not having a license plate. :shifty

 

[Puppalucci]

Oh shit...Biketoberfest is coming to Daytona in mid Oct.(thats only 2 weeks after this crap hits the streets) they're gonna rack up a couple million in fines in one weekend! I pity the ppl that aren't current with the new laws (specifically the tag mounting BS) :banghead cause theres a motherload of customs (American and rice) on the streets cruising around that dont have their shit on correctly.:scared

 

[sti2gsxr]

Don't speed, don't wheelie, and put your license plate in the proper place.


That's alot to ask indeed.

Not all wheelies are intentional

 

[d3coy]

i gotta say that tag law is gayer than man on man blood porn.

 

[AndrewM]

Don't speed, don't wheelie, and put your license plate in the proper place.


That's alot to ask indeed.

:cheers
If you can't do those three things right, well, maybe you deserve the heavy fine

 

[AndrewM]

i gotta say that tag law is gayer than man on man blood porn.

wow that's pretty gay:blink

 

[orlandogsxr]

Holly Cow, whats next, death penalty for speeding.

 

[*D.Teal23*]

ehh, they are trippin alot in socal canyons too. too many people crashing and too many deaths... its koo, more track days for me!!!

 

[bobbyk8]

Yeah pretty stiff on the fines. I can see for the speeding and such some heavy fines, but the third degree felony....that will ruin a persons life. Be careful out there!!

 

[Davin_Currteth]

You'll see a lot more people running from the cops that's for sure. Way to scare people and make them really ride out of their limits trying to run. That's gonna save lives for sure. woooooo stiff laws.

 

[love4steel]

don't worry, it will be like that in every state soon not just florida... ya know why? cuz the same clowns that caused those new laws to pass are infecting every state, and ultimately causing a broad generalization on sport bikes and their riders (including the few and far between intelligent ones). Ever see the movie "deathwish" with charles bronson where he gets fed-up and goes vigilante style, taking out all the slime on the street?..well, we need a sportbike version of that movie where an unknown rider comes out at night and strikes vengeance upon all the squids and chrome windscreen scum, thus restoring a civilized community of respectable riders. How will the vigilante be able to tell who is pure? easy... he will give the suspected scumbag a test before he pulls the trigger... "name three current AMA racers or else!"hmy:wacko:dissapointed:wtf

 

[RussZTT]

I have been hearing about this law for years.